1. Applicant's Name: a. Application Date: 12 May 2017 b. Date Received: 22 May 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of under other than honorable conditions discharge to honorable, a narrative reason change and a reentry (RE) code change. The applicant seeks relief contending, in effect, had good service until around November or December 2008, was having marriage issues and remembers calling in to report the inability to attend that weekend after having a fight with the wife. The applicant took the kids in the morning and was stressed, worried and overwhelmed over the situation. The applicant received a call from the unit and was asked why the applicant was not in the unit. The applicant explained there were marriage problems and would make up that day during the week. Later, the applicant received another call and was informed that the officer in charge stated not caring about the applicant's issues and that if the applicant did not report to drill, then the applicant would be kicked out of the Army. The applicant felt speechless and hopeless and told the chain of command about having to take care of the kids and family. The applicant does not recall the entire conversation with the unit, but specifically does not remember the unit suggesting any assistance in their moment of need, just threats. The applicant states that during an emotional family turmoil, remembers feeling hurt by the call. The applicant was always a good Soldier and could not believe that the first time there was an issue, the unit would not assist or show some compassion. The applicant recalls that in January was told not to come to drill because of not being in the Army any longer. The applicant thought this was odd because it took a lot of paperwork just to get in the Army. The applicant states that the address and phone never changed during this time and no one called from the unit telling the applicant to come down and pick up paperwork. The applicant was never given the opportunity to speak to a Trial Defense Attorney and did not realize until now that there is an entitlement to an administrate separation board. The applicant would have gone to an administrative separation board because of wanting to stay in and assures the Board that the applicant is still ready to serve the country. The applicant did not understand the magnitude of what the other than honorable discharge meant until reading Army regulations. The applicant served for five years with an impeccable record and was never in any trouble. The applicant did not have any issue with Soldiers and respected and valued the Army codes and regulations. The applicant followed the orders, but believes it was the act of a single person, without a good intention. The applicant was trying to find something in the record that could state and understand the real reason behind this decision and the applicant did not know about the Under Other Than Honorable Conditions discharge until 2014 upon wanting to go on Active duty. Since discharge, the applicant and wife have received the help they needed for their marriage and they continued in marriage counseling until they became directors of a center for helping other married couples. The applicant finished bible school and completed the Academia Cristiana del Aire Biblical Studies, graduated from Eagles International Christian University of Texas in Bible Studies and Graduated from Logos Christian University with a three degrees in Theological Studies. The applicant has been training kids in soccer and is now pursuing a Bachelor's Degree in Communications. The applicant has been guiding people to join the Army and helped a brother and others join, which the applicant is proud of. In a records review conducted at Arlington, VA on 25 January 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NIF / AR 135-178 / NIF / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 21 February 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 February 2003 / 8 years (USAR) b. Age at Enlistment / Education / GT Score: 21 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Specialist / 5 years, 2 days d. Prior Service / Characterizations: IADT, 8 April 2003 - 22 April 2003 / UNC e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 with allied legal brief and all listed enclosures. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he has become a director of a center for helping married couples; he has finished his bible school and completed the Academia Cristiana del Aire Biblical Studies; graduated from Eagles International Christian University of Texas in Bible Studies; graduated from Logos Christian University with a three degrees in Theological Studies; trains kids in soccer; is pursuing his Bachelor's Degree in Communications; and, has been guiding people to join the Army. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. The characterization is based upon the quality of the Soldier's service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. 8. DISCUSSION OF FACT(S): The applicant, through counsel, requests an upgrade of his under other than honorable conditions discharge to honorable, a narrative reason change and a RE code change. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. However, the service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve. However, the applicant's record does contain a properly constituted discharge Orders 08-052-00030, dated 21 February 2008. Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the type of discharge he received from the U.S. Army Reserve. The orders indicate the applicant was discharged under the provisions of AR 135-178, with a characterization of service of Under Other Than Honorable Conditions The applicant's contentions about not receiving proper due process in his separation, was carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The applicant requests a narrative reason change and an RE Code change. However, when service members are discharged from the U.S. Army Reserve, orders are published indicating the effective date and characterization of the discharge. Narrative reasons and RE Codes are not included in the order. Insomuch as the applicant's discharge order does include these elements, there is no basis to change the discharge order. Further, if the applicant desires to rejoin the military, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligiblility. The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that he had good service. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The third party statement provided with the application spoke highly of the applicant's performance. The author recognized his good performance while in the Army; however, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, the statement did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 25 January 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20170008883 1